Federal Gun Charges

     Federal gun and ammunition charges are harsh. These charges are especially harsh because they can result in long jail sentences. Some of the most common federal gun charges are:

Possession of a firearm by a prohibited person (18 U.S.C. § 922(g))

     It is illegal for a prohibited person to possess a firearm or ammunition. While the most common charge under this statute is, possession of a firearm by a felon, there are several other prohibited persons under the statute. A prohibited person is also:

• a person that is a fugitive,
• a drug addict or unlawful user of drugs,
• a person that has been determined to be mentally defective or who has been committed to a mental institution,
• an alien that is in United States,
• a person who received a dishonorable discharge from the Armed Forces,
• a person that has renounced their United States citizenship,
• a person that is under a court order for harassment, stalking, or threatening an intimate partner or their child, or 
• a person that has been convicted of a misdemeanor crime of domestic violence

     A person charged with possession of a firearm by a prohibited person, faces up to 10 years in federal prison. 

Possession of a firearm in furtherance of a drug trafficking crime (18 U.S.C. § 924(c))

     Viewed as the harshest, federal gun charge, possession of a firearm in furtherance of a drug trafficking crime carries a mandatory, consecutive, sentence of at least 5 years in federal prison. Federal prosecutors often use this charge as a threat to pressure defendants to plead guilty. 

     While some believe that there is no defense to this charge, the right set of facts, and evidence, can create the perfect defense. Temani Adams has successfully defeated several 924(c) gun charges by collecting the right evidence.

Receipt of a firearm or ammunition by a person under indictment (18 U.S.C. § 922(n))

     Simply put, if you a currently on felony probation, or have a pending felony case, you cannot have a gun or ammunition (bullets). The use of this charge is always strategic, especially considering that most state courts don't appropriately notify a person on probation or bond, that they cannot have a firearm while their case is pending. 

Possession of a firearm with an altered, obliterated, or removed serial number (18 U.S.C. 922(k))

     When you purchase a gun from a private person, instead of a firearms dealer, there is no guarantee that the gun's serial number has not been tampered with. While buying a gun with a modified serial number is a crime, there are numerous defenses that can be used.